Privacy Statement

This privacy statement describes how Everest Notariaat N.V., hereinafter referred to as “Everest” processes personal data as a part of our activities and services.

Our contact details

Firm name:             Everest Notariaat N.V.
Address:                 Ptolemeauslaan 54
Postcode / City:     3528 BP Utrecht
Contact person:    C.G. Zijerveld
Email:                      [email protected]

Our services

Everest asks you to provide your personal data for the following purposes only:

  • to perform engagements for the provision of consultancy or other services; and/or
  • to meet legal duties and obligations; and/or
  • for the purposes for which you specifically have given your consent.

Your data will not be processed for other purposes without your consent.

Personal data are requested to prepare notarial instruments, related agreements, other private documents or to perform other engagements.

Rules relating to personal data in notarial instruments

If Everest prepares a notarial instrument or private document that includes your personal data, the civil law notary must comply with the statutory requirements. These affect the processing of personal data:

  1. The civil law notary is required by law to include certain (personal) data in a notarial instrument. This means that there is a legal basis for the processing of your data.
  2. The civil law notary is required by law to retain the signed notarial instrument including your personal data permanently.
  3. As soon as a notarial instrument is signed by a civil law notary, it becomes an official record with evidential value. This record cannot be changed, not even if the personal data are incorrect. If changes are required, the civil law notary must draw up a new notarial instrument incorporating the change.
  4. The civil law notary is required by law to verify your (personal) data with the Personal Records Database (Basisregistraties Personen or BRP), the Business Register (Handelsregister) and the Cadastre, Land Registry and Mapping Agency (Kadaster).
  5. The civil law notary is also required to verify your identity. For that purpose, he or she must request you to present a valid form of identification. The civil law notary is one of the few officials who is authorized to make photocopies of complete identity documents.
  6. Your personal data are covered by the civil law notary’s obligation of professional secrecy. Your data are inaccessible to unauthorized persons.

Consultancy and other services

For the rest of the processing of personal data by Everest, we process personal data that are necessary with regard to the agreed services with you, including sending documents and invoices of work. With regard to this service we ask the necessary information with your permission. What data these are depends on the agreed service.

This personal information may include: your name and address, your gender, your social security number (SSN) and other information on your ID, your date and place of birth, your marital status, and personal information of your family or family members. Sometimes a legal obligation also applies here to verify your information, such as on legalizing your signature.

Source of personal data processed

If Everest processes personal data concerning you that you yourself did not provide to us, such processing will always be done in the context of the instructions given to us. Such data will then be obtained from one of the following sources:

  • public registers, such as the Cadastre, Land Registry and Mapping Agency (Kadaster);
  • real estate agent or other consultant / intermediary in connection with a contract of sale and purchase to which you are a party;
  • donor;
  • bank;
  • a consultant involved in the broad sense related to executing a command in which you are one of the parties;
  • Personal Records Database (Basisregistraties Personen or BRP).

Transfer of your personal data

Everest will transfer your personal data to others (third parties) only if we are obliged by law to do so or if this is absolutely necessary to perform our services.

Everest may transfer personal data to the following recipients:

  • Cadastre, Land Registry and Mapping Agency (Kadaster);
  • Business Register (Handelsregister);
  • Tax and Customs Administration (Belastingdienst);
  • Central Register of Wills or Central Register of Lasting Powers of Attorney;
  • other registry holders.

Only with your consent will be documents in which your personal details are provided to third parties such as your broker, financial advisor or your accountant.

Everest will not transfer personal data to recipients outside the EU or to international organizations.

Retention of your personal data

Everest will not store your personal data for longer than necessary for the purpose for which they are collected, for carrying out legal duties and meeting legal obligations or performing agreements (for example with a view to prescription periods). We must observe the statutory retention periods, such as those prescribed by the Dutch Civil Law Notaries Act (Wet op het notarisambt) and the Dutch Public Records Act (Archiefwet). Notarial instruments must be retained permanently.

Cookies, or similar techniques that we use

Everest only uses technical and functional cookies on the website www.everestnotariaat.com, and analytical cookies that do not infringe your privacy. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit our website. The cookies we use are necessary for the technical operation of the website and your ease of use. They ensure that the website works properly and remember, for example, your preferences. We can also optimize our website with this. You can opt out of cookies by setting your internet browser so that it does not store cookies anymore. In addition, you can also delete all information previously saved via the settings of your browser.

Your rights in respect of personal data processed by us

Pursuant to the General Data Protection Regulation, you may exercise the rights mentioned below if your personal data are processed by Everest.

You can do so by submitting a request to us (preferably in writing) using the contact details provided in this privacy statement. Before we grant your request, we have to verify your identity on the basis of a valid form of identification.

Right of access by the data subject

You may always ask us to specify what personal data are processed by Everest, the purpose of processing and for how long personal data are retained. If we cannot grant your request for legal reasons, we will assess this and inform you accordingly.

Right to rectification

If you believe that certain data have not been processed correctly, you have the right to request rectification of these data. If data in a notarial instrument are incorrect, they cannot be rectified. In that case, a new instrument will have to be prepared as a supplement to the incorrect instrument.

Right to erasure (right ‘to be forgotten’)

You have the right to request erasure of your personal data. Please note that a civil law notary is not permitted to erase your data from a notarial instrument.

Right to restriction of processing

If you want to restrict the processing of personal data by Everest (in anticipation of rectification of your personal data in response to a request from you or your objection to the processing) or if you do not want data to be erased even though the processing is unlawful, you can submit a request to that effect to us.

Right to data portability

If your personal data are not being processed for a notarial instrument and you want to transfer the personal data to another service provider, you can submit a request to that effect to us. Please note that such a transfer is not always possible as it may be incompatible with certain statutory obligations by which civil law notaries are bound.

Protection of your personal data

Everest takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If you believe that your data is not properly secured or there is an indication of abuse, please contact us.

Potential restrictions on exercising your rights under the General Data Protection Regulation

Everest makes every effort to honour your rights under the General Data Protection Regulation. However, these rights may conflict with other statutory provisions, such as the Dutch Civil Law Notaries Act (Wet op het notarisambt). If the civil law notary is unable to grant your request for this reason, you will be informed accordingly in writing.

Complaints about the processing of your personal data by Everest

If you have any complaints about the processing of personal data by Everest, please let us know on [email protected]. You also have the right to lodge a complaint with the supervisory authority, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). For further information please visit www.autoriteitpersoonsgegevens.nl.